Fighting Words

Written by Jonathan Milner

Definition

Words spoken face to face that are likely to provoke an immediate violent reaction. They are not protected by the First Amendment.

Example

In Chaplinsky v. New Hampshire (1942), the Supreme Court unanimously upheld a conviction for insults that it said were "fighting words."

 

Questions

  1. Define fighting words.

  2. Explain why fighting words are not protected by the First Amendment.

  3. Describe the outcome of Chaplinsky v. New Hampshire.

  4. Explain the difference between fighting words and offensive speech that is protected.

  5. Compare the fighting words doctrine with the clear and present danger test.

  6. Explain why courts rarely uphold fighting words convictions today.

  7. Describe how online speech raises new questions about fighting words.

  8. Where should the line be drawn between protected and unprotected speech? Explain.

  9. What emoji would do a good job of expressing the concept fighting words?

  10. Translate fighting words into plain English.

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw fighting words! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Further Review

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Jonathan Milner

Civics Maven!

https://www.gopopro.com/
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